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Home My WebLink AboutResolution 2005-143 approving a revision to the general notes of the saguaro springs final block plat "I SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 RES 12706 1572 6 20052470429 12/22/2005 14:19 F. ANN RODRIGUEZ, RECORDER RECORDED BY: PH DEPUTY RECORDER 3056 PEl DOCKET: PAGE: NO. OF PAGES: SEQUENCE: MAIL AMOUNT PAID $ 8.50 MARANA RESOLUTION NO. 2005-143 RELATING TO DEVELOPMENT; APPROVING A REVISION TO THE GENERAL NOTES OF THE SAGUARO SPRINGS FINAL BLOCK PLAT, ADDING GENERAL NOTE 17 ACCOMMODATING POSSffiLE FUTURE COMMUNITY FACILITIES DISTRICT INFRASTRUCTURE FINANCING. WHEREAS, the Town approved the final subdivision plat entitled "Final Plat of Saguaro Springs Blocks 1 thru 10 & A thru D and Lots 1 thru 9 & A and B" ("the Saguaro Springs Final Block Plat"), recorded at Book 58 of Maps and Plats, Page 23 in the Pima County Recorder's Office; and WHEREAS, the Saguaro Springs development project is depicted on the Saguaro Springs Final Block Plat; and WHEREAS, the Town and the Developer of the Saguaro Springs development project are negotiating the terms for the formation of a community facilities district ("CFD") for the Saguaro Springs development project; and WHEREAS, if formed, the CFD would fund public infrastructure improvements on and benefiting the Saguaro Springs development project; and WHEREAS, it is necessary to amend the general notes on the Saguaro Springs Final Block Plat to accommodate the potential future creation of a Saguaro Springs CFD. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The "Notice of Amendment to General Notes on Saguaro Springs Final Block Plat" substantially in the form attached to this resolution as Exhibit A is hereby approved, adding a new general note 17 to the Saguaro Springs Final Block Plat. 41:,'~ t,l' l. ~..~ ;~~::ir "I :~i:!~ {OOOO1448.DOC I} 10/26/05 FJC/cds o SECTION 2. The Town Manager and the Town officers and employees are authorized to do all things necessary to carry out the terms of this resolution, including without limitation indicating the Town's approval by signing the notice of amendment. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of November, 2005. g~ Mayor d Honea ATTEST: ~~a.~ ~Jocelyn C. ronson, Town Clerk ...""U"'II/. ~... OF ~ ~ ~~~\"'m',/,,, ~ ~ ~O~ ~~~ ::: J.;:.I! 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E11 ~:~~ :;t I"' ~'~:' {OOOO1448.DOC I} NOTICE OF AMENDMENT TO GENERAL NOTES ON SAGUARO SPRINGS FINAL BLOCK PLAT The undersigned, who are all and the only parties having any record title interest in the property depicted on the final subdivision plat entitled "Final Plat of Saguaro Springs Blocks 1 thru 10 & A thru D and Lots 1 thru 9 & A and B" (the "Saguaro Springs Final Block Plat") recorded at Book 58 of Maps and Plats, Page 23 in the Pima County Re- corder's Office, with the consent and approval of the Town of Marana, hereby modify the General Notes shown on the cover sheet of the Saguaro Springs Final Block Plat as fol- lows: A new General Note 17 is added to read as follows: Notwithstanding any other note found on the Saguaro Springs Final Block Plat, the Subdivider and its successors in interest retain an interest in the real property in or upon which what would be "public infrastructure" (as such term is defined in Section 48-701, Arizona Revised Statutes, as amended) has been or is to be constructed as described on this Saguaro Springs Final Block Plat and any subdivision plats filed for any of the in- dividual blocks shown on this Saguaro Springs Final Block Plat in con- nection with the First Amendment to Amended and Restated Development by and between the Town of Marana, Arizona (the "Town"), and Saguaro Reserve LLC, successor to Best Associates II, LLC approved simultane- ously herewith. Except if released prior thereto as hereinafter described, such interest is to be acquired by the proposed, yet to be formed "Saguaro Springs Community Facilities District" pursuant to a "District Develop- ment, Financing, Participation and Intergovernmental Agreement (Saguaro Springs Community Facilities District)" (the "SSCFD IGA") anticipated to be approved by the Town and Saguaro Spring Community Facilities District soon after the approval of the Notice of Amendment to General Notes that added this General Note 17. (Such interest is limited to one necessary to accommodate the financing of the acquisition of such public infrastructure (including of such interest in such real property) pursuant to the SSCFD IGA by Saguaro Springs Community Facilities District.) Such interest is to be released upon the earlier of the acquisition of such public infrastructure (including on a portion by portion basis) only by the Sa- guaro Springs Community Facilities District pursuant to the SSCFD IGA and the date the SSCFD IGA terminates. t~;11 :~::, b ~I~'lll ,"I ,'i:.I {00001427.DOC /3} -1- Exhibit A to Marana Resolution No. 2005-143 Notice of Amendment to General Notes on Saguaro Springs Final Block Plat FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, as Trustee under Trust No. 9089, and not otherwise By: QJ0-~d{t STATE OF ARIZONA ) County of Pima ) ss ent was acknowll:(dged, ~fore me on \Z--II.o-05 by n , --rYD5T c.Orf.j &V of FIRST AMERICAN TITLE INSURA CE COMPANY, a California corporation, as Trustee under Trust No. 9 ~9, and no (It otherwise. Q .// " / / U /tc J( / I My commission expires: Notary Public 17 - /) -:!Jet' ~<) FIDELITY NATIONAL TITLE AGENCY, INC, an Arizona corporation, as Trustee under Trust No. 10,851 only and not in its cor- porate capacity OFFICIAL SEAL RACHEL L. TURNIPSEED NOTARY PUBLIC-ARIZONA PIMA COUNTY My CO!l1tn Exp. July 2. 2008 By: STATE OF ARIZONA ) County of Pima ) ss The foregoing instrument was acknowledged before me the day of , 2005 by the Authorized Agent of FIDELITY NATIONAL TITLE AGENCY, INC, an Arizona corporation, as Trustee under Trust No. 10,851 only and not in its corporate capacity. My commission expires: Notary Public :t ~";:~ ,ij,," ""pi' I~;~ i~:li {00001427.DOC / 3} -2- Notice of Amendment to General Notes on Saguaro Springs Final Block Plat FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, as Trustee under Trust No. 9089, and not otherwise By: STA TE OF ARIZONA ) County of Pima ) ss The foregoing instrument was acknowledged before me on by of FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, as Trustee under Trust No. 9089, and not otherwise. My commission expires: Notary Public FIDELITY NATIONAL TITLE AGENCY, INC, an Arizona corporation, as Trustee under Trust No. 10,851 only and not in its cor- porate ,acity . By:k~L~ , STATE OF ARIZONA ) County of Pima ) ss The foregoing instrument was acknowledged before me the day of )Ji-~Wn~ &.A:... ,2005 by ~ L. I..f-li.-L the Autho 'zed Agent of FIDELITY NATIONAL TITLE AGENCY, INC, an Arizona corporation, Trust No. 10,851 only and not in its corporate capacity. My commission expires: _OFFICIAL SEAL SHERRY ROST NOTARY PUBLIC. STATE OF, ARIZONA PIMA COUNTY My Comm. Expires Oct. 8, 200~ .....,;..--.. ....~'. ...}.,-~ ~~ I~" ,;" .,~" ":(" ibl {OOOOI427.DOC /3} -2- Notice of Amendment to General Notes on Saguaro Springs Final Block Plat FIDELITY NATIONAL TITLE AGENCY, INC, an Arizona corporation, as Trustee under Trust No. 60,121 only and not in its cor- porallY _ By: ~L ~~ STATE OF ARIZONA ) County of Pima ) ss The foregoing instrument was acknowledged before me the /~~ day of j)kW1ll3~ ,2005 by m~* ~. /.fli-L-- the Authorized Agent of FIDELITY NATIONAL TITLE AGENCY, INC, an Arizona corporation, as Trustee under Trust No. ate capacity. ~ OFFICIAL SEAL ~ A SHERRY ROST , NOTARY PUBLIC. STATE OF ARIZONA f\ PIMA COUNTY ) ~- My com m. 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